Saving provisions – General3

1

Where paragraph (2), (4), (6) or (8) applies, section 36(7) of the Scotland Act 20162 continues to have effect in relation to the relevant asset on and after 1 April 2020 as it had effect immediately before that date.

2

This paragraph applies where a Scottish Crown Estate asset has been disposed of prior to 1 April 2020.

3

For the purposes of paragraph (2), an asset is treated as having been disposed of at the point at which missives for the disposal of the asset were fully executed.

4

This paragraph applies where a servitude right has been granted in or over a Scottish Crown Estate asset prior to 1 April 2020.

5

For the purposes of paragraph (4), a servitude right is treated as having been granted in or over the asset at the point at which an agreement to grant the servitude right was fully executed.

6

This paragraph applies where a Scottish Crown Estate asset is subject to an options agreement concluded prior to 1 April 2020.

7

For the purposes of paragraph (6), an options agreement is treated as having been concluded at the point at which it was fully executed.

8

This paragraph applies where a Scottish Crown Estate asset is subject to an agreement for lease concluded prior to 1 April 2020.

9

For the purposes of paragraph (8), an asset is treated as being subject to a concluded agreement for lease at the point at which the agreement was fully executed.

10

Paragraph (4), (6) or (8), as the case may be, ceases to apply to a right or agreement if that right or agreement is extended or varied on or after 1 April 2020.

11

In this regulation “options agreement” means an agreement that either-

a

gives a party to it the option to purchase an asset at an agreed price within a stated period of time; or

b

gives a party to it the option to purchase an asset and contains a method for determining a price at a specified point in time.